CC Resolution No. 1737 RESOLUTION NO. 1737
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING CONSENT TO THE CREATION OF A POLITICAL
SUBDIVISION TO BE KNOWN AS HARRIS COUNTY MUNICIPAL UTILITY
DISTRICT NO. 473, ONE PURPOSE OF WHICH WILL BE TO SUPPLY
FRESH WATER FOR DOMESTIC OR COMMERCIAL USE OR TO
FURNISH SANITARY SEWER SERVICES, ROADWAYS, OR DRAINAGE,
WITHIN THE CORPORATE LIMITS OF THE CITY OF BAYTOWN, TEXAS,
AND CONSISTING OF APPROXIMATELY 403.9469 ACRES OF LAND,
MORE OR LESS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, a political subdivision, one purpose of which is to supply fresh water for
domestic or commercial use or to furnish sanitary sewer services, roadways, or drainage, may
not be created in a municipality unless the governing body of the municipality gives its written
consent in accordance with Chapter 42 of the Texas Local Government Code and the Chapter 54
of the Texas Water Code; and
WHEREAS, the City of Baytown, Texas, hereinafter referred to as the "City," has
received a request, which is attached hereto as Exhibit "A" and incorporated herein for all intents
and purposes, for its written consent to the creation of Harris County Municipal Utility District
No. 473 hereinafter referred to as the "District," containing 403.9469 acres of land, more or less,
within the corporate limits of the City and located in Harris County, Texas, and more particularly
described in Section 1 hereof; and
WHEREAS, the landowner and developer who have requested the City Council's consent
have assured the City that they are willing to accept such consent based upon the terms and
conditions as hereinafter stated, and that they, in consideration of the City granting its consent for
the creation of the District have agreed, and by the acceptance of the benefits of this resolution, do
hereby agree to comply with the terms and conditions contained herein; NOW THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council hereby finds that the proposed Harris County
Municipal Utility District No. 473 (the "District"):
a. will be an economically feasible and sound development benefiting the city;
b. will not adversely affect the existing City water, sewer and storm facilities or
other City utilities or City functions, and
C. will not increase the City's taxes or utility rates or adversely impact the City's
financing or bond rating.
Further, the City Council finds that all of the conditions imposed herein and by Article VII of
Chapter 98 of the Code of Ordinances, Baytown, Texas, have been agreed to by the developer
and landowner of the territory within the District.
Section 2: That upon the terms and conditions specified in (i) Article VII of Chapter
98 of the Code of Ordinances, Baytown, Texas, which is incorporated herein by this reference
for all intents and purposes, (ii) the Utilities Functions and Services Allocation Agreement and
(iii) this resolution, the City hereby grants its consent to the creation of the District pursuant to
the provisions of Section 42.042 of the Texas Local Government Code and Section 54.016 of the
Texas Water Code. The land embraced within the limits of the District is more particularly
described in Exhibit "A," which is attached hereto and made a part hereof for all intents and
purposes.
Section 3: This resolution shall take effect immediately from and after its passage by
the City Council of the City of Baytown.
INTRODUCED, READ and PASSED, by the affirmative vote of the City Council of the
City of Baytown this 251h day of August,2005.
CALVIN MUNDINGER, Mayor
ATTEST:
GG )Pw. SMITH, City Clerk
APPROVED AS TO FORM:
-erdNACIO RAMIREZ, SR., Ci omey
R\KarenTilesVCity Counci1AReso1utions\2005VAugust 25VConsentResolution4lnCityMUD.doc
2
PETITION FOR CONSENT TO THE CREATION
OF A MUNICIPAL UTILITY DISTRICT
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
The undersigned (the "Petitioner"), acting pursuant to the provisions of Chapters
49 and 54, Texas Water Code, respectfully petitions the City Council of the City of
Baytown, Texas, for its written consent to the creation of a municipal utility district and
would show the following:
I.
The name of the proposed District shall be HARRIS COUNTY MUNICIPAL
UTILITY DISTRICT NO. 473 (the "District").
II.
The District shall be created and organized under the terms and provisions of
Article XVI, Section 59 of the Constitution of Texas and Chapters 49 and 54, Texas
Water Code, together with all amendments and additions thereto.
III.
The District shall contain an area of 403.9469 acres of land, more or less, situated
in Harris County, Texas, and described by metes and bounds in Exhibit A, which is
attached hereto and incorporated herein for all purposes (the "Land"). The Land is
within the extraterritorial jurisdiction of the City of Baytown, Texas (the "City"). All of
the Land may properly be included in the District.
IV.
The Petitioner holds fee simple title to the Land. The Petitioner hereby represents
that it owns a majority in value of the Land, as indicated by the certificate of ownership
provided by the Harris County Appraisal District.
V.
The Petitioner represents that there are no lienholders on the Land except Capital
Farm Credit, FLCA, and II C.B., L.P., and that there are no residents on the Land.
72262 EMIT A
VII.
The general nature of the work to be done by the District at the present time is
the design, construction, acquisition, maintenance and operation of a waterworks and
sanitary sewer system for domestic and commercial purposes, and the construction,
acquisition, improvement, extension, maintenance and operation of works,
improvements, facilities, plants, equipment and appliances helpful or necessary to
provide more adequate drainage for the District, and to control, abate and amend local
storm waters or other harmful excesses of waters, and such other construction,
acquisition, improvement, maintenance and operation of such additional facilities,
systems, plants and enterprises, as shall be consonant with all of the purposes for which
the District is created (the "Project"). The Project will not (a) adversely affect City water
and sewer functions, (b) increase City utility rates or (c) impact the City bond rating.
VIII.
There is, for the following reasons, a necessity for the above-described work. The
area proposed to be within the District is urban in nature, is within the growing
environs of the City, and is in close proximity to populous and developed sections of
Harris County, Texas. There is not now available within the area, which will be
developed for single family residential and commercial uses, an adequate waterworks
system, sanitary sewer system, drainage and storm sewer system, parks or recreational
facilities, or fire fighting facilities. The health and welfare of the present and future
inhabitants of the area and of the territories adjacent thereto require the purchase,
design, construction, acquisition, ownership, operation, repair, improvement and
extension of an adequate waterworks system, sanitary sewer system, and drainage and
storm sewer system. A public necessity, therefore, exists for the creation of the District,
to provide for the purchase, design, construction, acquisition, ownership, operation,
repair, improvement and extension of such waterworks system, sanitary sewer system,
and drainage and storm sewer system, to promote the purity and sanitary condition of
the State's waters and the public health and welfare of the community.
IX.
A preliminary investigation has been made to determine the cost of the Project
and it is now estimated by the Petitioner, from such information as it has at this time,
that the cost of the Project will be approximately $27,800,000.
72262 - 2 -
X.
The Petitioner requests that the City Council grant its consent for the inclusion of
the Land in a municipal utility district under the conditions set forth in City of Baytown
Code of Ordinances, as applicable.
WHEREFORE, the Petitioner prays that this petition be heard and that the City
Council duly pass and approve an ordinance or resolution granting the consent to the
creation of the District and authorizing the inclusion of the land described herein within
the District.
[EXECUTION PAGES FOLLOW]
72262 - 3 -
RESPECTFULLY SUBMITTED this _6:?�day of August, 2005.
PETITIONER:
BURNET BAY, LTD., a Texas limited partnership
By: Hammersmith Group, Inc., a Delaware
corporatzz""
itsPartner
By:
Vice President
THE STATE OF TEXAS §
COUNTY OF HARRIS §
This instrument was acknowledged before me on the L day of August, 2005,
by George Kopecky, Vice President of Hammersmith Group, Inc., a Delaware
corporation, as General Partner of BURNET BAY, LTD., a Texas limited partnership, on
behalf of said corporation and said limited partnership.
�nua,s�za,zoos
Notary Public, State of Texas
(NOTARY SEAL)
Attachment: Exhibit A - Metes and Bounds Description of the Land
72?62
EXHIBIT A
(Metes and Bounds Description of the Land - 403.9469 acres)
72262
HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NUMBER 473
403.9469 ACRES
Page 2 of 7 Pages
August 12, 2005
from which a concrete monument found bears North 83 degrees 20 minutes 58 seconds West,
a distance of 1.74 feet;
5. North 86 degrees 42 minutes 21 seconds East, a distance of 1,037.27 feet to a 1/2-inch iron
rod found at the northeast comer of said 23.1480 acre tract and the northwest corner of a
called 8.92 acre tract of land described by deed to Missouri Pacific Railroad Company,
recorded under Harris County Clerk's File Number G045735
THENCE, South 02 degrees 29 minutes 21 seconds East, with the west line of said 8.92 acre
tract, a distance of 1,295.26 feet to a 5/8-inch iron rod found at the southwest comer of said 8.92
acre tract and the southeast comer of said 23.1480 acre tract in the north line of a called 5.923
acre tract of land described by deed to Missouri Pacific Railroad Company, recorded under
Harris County Clerk's File Number G221936 for comer;
THENCE, South 86 degrees 56 minutes 56 seconds West,with the south line of said 23.1480
acre tract and the north line of said 5.923 acre tract, a distance of 5.41 feet to a 5/8-inch iron rod
found at the northwest corner of said 5.923 acre tract and the most easterly northeast comer of a
called 201.2111 acre tract of land described by deed to Burnet Bay, LTD, recorded under Hams
County Clerk's File Number Y603616;
THENCE, South 02 degrees 30 minutes 33 seconds East,with the east line of said 201.2111 acre
tract, a distance of 2,710.87 feet to a 5/8-inch iron rod with cap found at the southeast comer of
said 201.2111 acre tract in the north line of a called 9.057 acre tract of land described by deed to
Martin Marietta Materials, Inc. recorded under Harris County Clerk's File Number R230583;
THENCE,North 81 degrees 30 minutes 36 seconds West, with the south line of said 201.2111
acre tract and the north line of said 9.057 acre tract, a distance of 177.02 feet to the east comer of
a called 0.1538 acre parcel of land described by deed to Burnet Bay, LTD, recorded under Harris
County Clerk's File Number Y603617;
THENCE, North 81 degrees 30 minutes 36 seconds West, with the south line of said 0.1538 acre
parcel and the south line of a called 36,190 square foot parcel of land described by deed to
Burnet Bay, LTD, recorded under Harris County Clerk's File Number Y603617, a distance of
4,298.93 feet to the southwest comer of said 36,190 square foot parcel and the northwest comer
Carter-.;BurgessK:\SdskLand\SURVEY\031840\M&B\031840 MUD 473 Bndy M&B 08-12-05.doc
HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NUMBER 473
403.9469 ACRES
Page 3 of 7 Pages
August 12, 2005
of a tract of land described by deed to Mary K. Ellison, et al, recorded under Harris County
Clerk's File Number V278078 in the east right-of-way line of Thompson Road;
THENCE,North 02 degrees 35 minutes 27 seconds West, with the west line of said 36,190
square foot parcel, the west line of a called 11.1438 acre tract of land described by deed to
Burnet Bay, LTD, recorded under Harris County Clerk's File Number Y603619, and the east
right-of-way line of said Thompson Road, a distance of 937.03 feet to the northwest corner of
said 11.1438 acre tract and the southwest corner of a called 6.00 acre tract of land described by
deed to Charles W Caldwell, et ux,recorded under Harris County Clerk's File Number S015995;
THENCE, North 86 degrees 58 minutes 57 seconds East, with the north line of said 11.1438 acre
tract and the northerly line of said 201.2111 acre tract, a distance of 1,131.37 feet to a 1/2-inch
iron rod found at the southeast comer of a called 6.00 acre tract of land described by deed to
Sterling Trust Company, trustee, recorded under Harris County Clerk's File Number 5015998 for
comer;
THENCE, North 04 degrees 52 minutes 49 seconds West,with the westerly line of said
201.2111 acre tract and the east line of said 6.00 acre Sterling Trust Company tract, a distance of
138.61 feet to a 1/2-inch iron rod found for angle point;
THENCE,North 08 degrees 48 minutes 35 seconds West,with the westerly line of said
201.2111 acre tract, a distance of 743.03 feet to a 1/2-inch iron rod found at the northeast corner
of a called 10.00 acre tract of land described by deed to Mohammad S. Subedar,recorded under
Harris County Clerk's File Number T584957 the southeast comer of a called 16.0520 acre tract
of land described by deed to TA Operating Corporation, recorded under Harris County Clerk's
File Number P611282, and the northwest comer of a called 3,263 square foot parcel of land
described by deed to Burnet Bay, LTD, recorded under Harris County Clerk's File Number
Y603617;
THENCE, North 86 degrees 57 minutes 43 seconds East,with the northerly line of said 3,263
acre parcel, a distance of 1,334.95 feet;
THENCE, North 02 degrees 31 minutes 20 seconds West, with a westerly line of said 3,263 acre
parcel, a distance of 1.08 feet to a 5/8-inch iron rod found for comer;
CarterSurgess
K:\SdskLand\SURVEY\031840\M&8\031840 MUD 473 Bndy M&B 08-12-05.doc
HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NUMBER 473
403.9469 ACRES
Page 4 of 7 Pages
August 12, 2005
THENCE, North 87 degrees 27 minutes 38 seconds East, with the north line of said 3,263 acre
parcel, a distance of 86.26 feet to a 3/4-inch iron rod found at the northeast corner of said 3,263
acre parcel;
THENCE, North 02 degrees 37 minutes 58 seconds West,with the west line of said 201.2111
acre tract and the west line of said 23.1480 acre tract, a distance of 1,330.78 feet to the POINT
OF BEGINNING and containing 264.5684 acres, (11,524,599 square feet) of land.
TRACT 2 - 139 3785 ACRES /6,071,327 SQ.FT.
139.3785 acres, (6,071,327 square feet) of land described by deed to Burnet Bay, LTD recorded
under Harris County Clerk's File Number X913086;
BEGINNING at the most southerly comer of said 139.3785 acre tract in the northeast right-of-
way line of Decker Drive, (also known as Spur 330);
THENCE, North 66 degrees 25 minutes 36 seconds West, with the southwest line of said
139.3785 acre tract and the northeast right-of-way line of said Decker Drive, a distance of 723.91
feet to the centerline of Spring Creek Gully;
THENCE, with the westerly line of said 139.3785 acre tract and the centerline of said Spring
Creek Gully the following ten, (10) courses and distances:
1. North 36 degrees 21 minutes 39 seconds West, a distance of 76.57 feet;
i
2. North 14 degrees 31 minutes 43 seconds East, a distance of 80.08 feet;
3. South 61 degrees 58 minutes 42 seconds East, a distance of 107.64 feet;
4. North 25 degrees 46 minutes 10 seconds East, a distance of 119.15 feet;
5. North 74 degrees 02 minutes 30 seconds West, a distance of 211.92 feet;
6. North 23 degrees 56 minutes 57 seconds West, a distance of 92.31 feet;
K:\SdskLand\SURVEY\031840\M&B\031840 MUD 473 8ndy M&B 08-12-05.doc Cartern Burgess
HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NUMBER 473
403.9469 ACRES
Page 5 of 7 Pages
August 12, 2005
7, North 55 degrees 10 minutes 49 seconds West, a distance of 136.45 feet;
8. North 07 degrees 12 minutes 21 seconds West, a distance of 124.18 feet;
9. North 46 degrees 42 minutes 15 seconds East, a distance of 61.88 feet;
10. North 33 degrees 50 minutes 44 seconds West, a distance of 73.82 feet to the southwest
corner of a called 1.760 acre tract of land described by deed to the City of Baytown, recorded
under Harris County Clerk's File Number P029811;
THENCE,North 64 degrees 44 minutes 31 seconds East,with the southeast line of said 1.760
acre tract, a distance of 607.86 feet to the east comer of said 1.760 acre tract and the south comer
of a called 4.896 acre tract of land described by deed to the City of Baytown, recorded under
Harris County Clerk's File Number P029811 and the beginning of a non-tangent curve to the
right;
THENCE,northeasterly, with the southeast line of said 4.896 acre tract and the arc of said non-
tangent curve to the right having a radius of 853.65 feet, a central angle of 11 degrees 31 minutes
20 seconds, a chord bearing of North 45 degrees 15 minutes 47 seconds East, a chord distance of
171.38 feet, and an arc length of 171.67 feet to the most easterly comer of said 4.896 acre tract
and the non-tangent end of said curve;
THENCE,North 25 degrees 05 minutes 45 seconds West, with the northeast line of said 4.896
acre tract, a distance of 692.30 feet to the most northerly comer of said 4.896 acre tract and the
most northerly northwest comer of said 139.3785 acre tract in the southeast right-of-way line of
Interstate Highway 10;
THENCE,with the southeast right-of-way line of said Interstate Highway 10 the following five,
(5) courses and distances:
1. North 64 degrees 57 minutes 33 seconds East, a distance of 257.17 feet to the beginning of a
curve to the left and from which a concrete monument found bears North 26 degrees 23
minutes 24 seconds West, a distance of 1.38 feet;
2. Northeasterly, with the arc of said curve to the left having a radius of 572.96 feet, a central
Carteru Burgess
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HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NUMBER 473
403.9469 ACRES
Page 6 of 7 Pages
August 12, 2005
angle of 29 degrees 29 minutes 29 seconds, a chord bearing of North 50 degrees 08 minutes
08 seconds East, a chord distance of 291.67 feet, and an arc length of 294.92 feet to a
concrete monument found for point of tangency;
3. North 35 degrees 23 minutes 23 seconds East, a distance of 29.31 feet to a concrete
monument found at the beginning of a curve to the right;
4. Northeasterly, with the arc of said curve to the right having a radius of 572.96 feet, a central
angle of 29 degrees 31 minutes 28 seconds, a chord bearing of North 50 degrees 08 minutes
57 seconds East, a chord distance of 291.99 feet, and an arc length of 295.25 feet to the point
of tangency of said curve and from which a concrete monument found bears North 06
degrees 25 minutes 24 seconds East, a distance of 0.54 feet;
5. North 64 degrees 54 minutes 41 seconds East, a distance of 933.30 feet to a 1/2-inch iron rod
with cap found at the most northerly comer of said 139.3785 acre tract an the most westerly
comer of the residue of a called 170.974 acre tract of land described by deed to Venture
2000, LTD, recorded under Harris County Clerk's File Number V226376;
THENCE, South 55 degrees 10 minutes 43 seconds East,with the southwest line of said residue
tract and the northeast line of said 139.3785 acre tract, a distance of 635.77 feet to a 1/2-inch iron
rod with cap found for angle point;
THENCE, South 55 degrees 29 minutes 48 seconds East,with said common line, a distance of
87.42 Peet to a 1/2-inch iron rod with cap found at the most southerly corner of said residue tract
in the southwest line of a called 25.0000 acre tract of land described by deed to CFJ properties,
recorded under Harris County Clerk's File Number V247862;
THENCE, South 25 degrees 02 minutes 55 seconds East,with the southwest line of said 25.0000
acre tract, a distance of 424.55 feet to a 1/2-inch iron rod with cap found at the most southerly
comer of said 25.0000 acre tract;
THENCE,North 64 degrees 57 minutes 05 seconds East,with the southeast line of said 25.0000
acre tract, a distance of 1,122.04 feet to a 1/2-inch iron rod with cap found at the southeast comer
of said 25.0000 acre tract in the west right-of-way line of Thompson Road;
Carter-.:Burgess
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HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NUMBER 473
403.9469 ACRES
Page 7 of 7 Pages
August 12, 2005
THENCE, South 02 degrees 38 minutes 55 seconds East, with the west right-of-way line of said
Thompson Road, a distance of 1,073.82 feet to a 1/2-inch iron rod with cap found at the
southeast corner of said 139.3785 acre tract and the northeast comer of Elena Fuit& Cotton
Farms, Unit D, Block 142, a subdivision as shown on the plat thereof recorded in Volume 7,
Page 48, of the Hams County Map Records;
THENCE, South 63 degrees 06 minutes 21 seconds West, with the southerly line of said
139.3785 acre tract and the northerly line of said Elena Fuit & Cotton Farms, Unit D,Block 142,
a distance of 3,200.21 feet to the POINT OF BEGINNING and containing 139.3785 acres,
(6,071,327 square feet) of land.
All bearings are referenced to the Texas State Plane Coordinate System, South Central Zone,
NAD83 and are based on static GPS observations.
This description is submitted in conjunction with a District Boundary Map of Harris County
Municipal Utility District Number 473, is not to be used to convey or establish interests in real
property except those rights and interests implied or established by the creation or
reconfiguration of the boundary of Harris County Municipal Utility District Number 473, for
which it was prepared.
s RF.
~PSG\ TCR`���sr
� o
Walter J. Wilbanks, .P L.S.
Texas Registration Number 4936 wALU WLBANK
49�•3610 v
CARTER &BURGESS, INC. �Vb BUR�4
Project No. 031840.800.1.0002
Cartern Burgess
K:\SdskLand\SURVEY\031840\M8B\031840 MUD 473 Body M8B 08-12-05.doc
PETITION FOR CREATION OF
HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 473
THE STATE OF TEXAS §
COUNTY OF HARRIS §
TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY:
BURNET BAY, LTD., a Texas limited partnership (the "Petitioner"), holding title
to a majority in value of the land described in Exhibit A attached hereto and
incorporated herein for all purposes (the "Property"), as indicated by the certificate of
ownership provided by the Harris County Appraisal District, acting pursuant to the
provisions of Chapters 49 and 54, Texas Water Code, together with all amendments and
additions thereto, respectfully petitions the Commissioners of the Texas Commission on
Environmental Quality (the "TCEQ") for the creation of a municipal utility district, and
in support thereof would respectfully show the following:
I.
The name of the proposed District shall be HARRIS COUNTY MUNICIPAL
UTILITY DISTRICT NO. 473 (herein the "District"). There is no other conservation or
reclamation district in Harris County, Texas,with the same name.
II.
The District shall be created and organized under the terms and provisions of
Article XVI, Section 59 of the Texas Constitution and Chapters 49 and 54, Texas Water
Code, together with all amendments and additions thereto.
III.
The District shall have all the rights, powers, privileges, authority and functions
conferred by and be subject to all duties imposed by the Texas Water Code and the
general laws relating to municipal utility districts. The District shall contain an area of
approximately 403.9469 acres of land, more or less, situated in Harris County, Texas.
All of the Property is within the corporate limits of the City of Baytown, Texas (the
"City"). All of the land proposed to be included may properly be included in the
District.
74932
IV.
The Petitioner holds fee simple title to the Property, as indicated by the certificate
of ownership provided by the Harris County Appraisal District and deeds recorded in
the Official Public Records of Real Property of Harris County, Texas.
V.
The Petitioner represents that there are no lienholders on the Property except
Capital Farm Credit, FLCA, Carl R. Woods and Floyd D. Woods, and that there are no
residents on the Property.
VI.
The general nature of the work proposed to be done by the District at the present
time is the purchase, construction, acquisition, maintenance and operation of a
waterworks and sanitary sewer system for residential and commercial purposes, and
the construction, acquisition, improvement, extension, maintenance and operation of
works, improvements, facilities, plants, equipment and appliances helpful or necessary
to provide more adequate drainage for the District, and to control, abate and amend
local storm waters or other harmful excesses of waters, all as more particularly
described in an engineer's report filed simultaneously with the filing of this petition, to
which reference is hereby made for more detailed description, and such other purchase,
construction, acquisition, improvement, maintenance and operation of such additional
facilities, systems, plants and enterprises and parks and recreational facilities, as shall
be consistent with all of the purposes for which the District is created (the "Project").
VII.
There is a necessity for the improvements above described. The territory to be
included in said proposed District is located wholly within the corporate limits of the
City, and will be developed for residential and commercial purposes. There is not
available within the area proposed to be included in the District an adequate
waterworks system, sanitary sewer system, or drainage and storm sewer system or
parks and recreational facilities, and the health and welfare of the present and future
inhabitants of the District and of the areas adjacent thereto require the purchase,
construction, acquisition, maintenance and operation of an adequate waterworks
system, sanitary sewer system, and drainage and storm sewer system, parks and
recreational facilities.
VIII.
The proposed improvements are feasible and practicable. There is an ample
supply of water available, and the terrain of the territory to be included in the proposed
74932 -2-
District is such that a waterworks system, a sanitary sewer system, and drainage and
storm sewer system can be constructed at a reasonable cost.
IX.
A preliminary investigation has been made to determine the cost of the Project
and it is now estimated by the Petitioner, from such information as they have at this
time, that the cost of the Project will be approximately $21,400,000.
WHEREFORE, the Petitioner respectfully prays that this petition be properly
filed, as provided by law; that all interested persons be notified of the procedures for
requesting a public hearing on this petition as required by 30 Tex. Admin. Code
§293.12; that this petition be set for consideration at a date to be fixed in keeping with
the provisions of Chapters 49 and 54, Texas Water Code, and the rules of the TCEQ;
that, if necessary, a hearing be held and notice thereof be given as provided in Chapters
49 and 54, Texas Water Code, and the rules of the TCEQ; that this petition be in all
things granted; that the District be created and five directors thereof appointed to serve
until their successors are duly elected and qualified; and that such other orders, acts,
procedure and relief be granted as are proper and necessary and appropriate to the
creation and organization of the District, as the TCEQ shall deem proper and necessary.
[EXECUTION PAGE FOLLOWS]
74932 -3-
RESPECTFULLY SUBMITTED this 11444
d y of Seete4fer, 2005.
BURNET BAY, LTD., a Texas limited partnership
By: Hammersmith Group, Inc., a Delaware
corporation, its General Partner
By:
G orge Kopecky,Vice President
THE STATE OF TEXAS §
COUNTY OF HARRIS +44
§
This instrument was acknowledged before me on the 12 day of Seeeliw,b e
2005, by George Kopecky, Vice President of Hammersmith Group, Inc., a Delaware
corporation, as General Partner of BURNET BAY, LTD., a Texas limited partnership, on
behalf of said corporation and said limited partnership.
ELAINE F.'THOMPSON
'*; •*= MY COMMISSION EXPIRES
,,f^{4x= February 28,2009 e
Notary Public,State xas
(NOTARY SEAL)
Attachment:
Exhibit A- Legal Description of the Property
74932 -4-
Exhibit A
(Metes and Bounds Description of the Land - 403.9469 acres)
74932 A-1